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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant, who had been punished several times due to the violation of the Road Traffic Act due to the act of violating the same kind of crime as this case by a public prosecutor, was in the period of suspension of execution due to the act of the same kind of crime, and the risk of repeating the crime by repeating the license for driving without drinking, etc., the lower court’s punishment (one year and two months of imprisonment) is too uncompared and unreasonable.
B. In light of the fact that the defendant committed each of the crimes in this case, and his mistake is divided in depth, and the distance of driving with drinking or without a license is relatively short, and there is no cause of traffic accident, the above punishment of the court below is too unreasonable.
2. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the above punishment to the defendant on the grounds of sentencing as stated in its reasoning. The circumstances alleged by the prosecutor and the defendant are already considered in the court below, and the new sentencing data that can change the sentence of the court below was not submitted in the court below. Other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime are considered, the court below cannot be deemed to have judged that the punishment of the court below is appropriate, and it exceeded the reasonable scope of discretion because it is too heavy or too harsh.
3. Conclusion, prosecutor and defendant.